Benefits of Mediation: Confidential & Convenient

What are the benefits of mediation? Often, mediation and meditation are confused. Potential customers and eager salesmen call one kind of office looking for the other service all the time.  Internet search engines bring up the wrong results, especially if there have not been prior similar searches, or the search was voice-activated. Mediation vs. Meditation …

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Mediation Game – Conflict Management in Action

A mediation game is how a participant in a mediation understands and strategizes during mediation to walk away with a desirable outcome.  This includes understanding the basics of mediation, the different types of mediation, and the training that a mediation participant has had.  In some cases, mediation training can also include actual mediation games played …

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What is Alternative Dispute Resolution (ADR)?

Alternative dispute resolution (ADR) is a blanket term used to speak to a series of defined processes that conflicting parties can use as an alternative to traditional litigation. The principle is comprised of two traditional methods for settling disputes that opposing parties may opt for when an agreement is being sought. The first is mediation, …

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BATNA & WATNA: Finding and Using Negotiation Power (Part I of III)

The goal of an alternative dispute resolution (ADR) process is to come to a resolution together so that the parties can both agree on and avoid the eventual litigation that could arise in the dispute. However, not every mediation or negotiation ends in a settlement agreement, and the knowledge that the parties may walk away without …

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Can You Back Out of a Settlement Agreement? Legal Advice

The process of mediation is an emotional and difficult one, what if you have changed your mind, can you back out of a settlement agreement?  Evaluation of the risks of litigation and candid discussions of the possible strength of opponents’ arguments and the weakness of ones’ own may make it seem as if everyone is against …

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Early Neutral Evaluation: Encouraging Settlement and Understanding

Occasionally, a court will recommend an early neutral evaluation shortly after a case has been filed.  Courts will usually recommend this when they believe an evaluation may help the parties accurately see their positions compared to the other party’s and potentially think about a settlement.   Sometimes, a court will recommend the case to early …

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An Introduction to The Five Stages of Mediation

Jim and John had been successful design partners for six years. The business had grown from the two of them to twelve engineers. Now Jim wanted to accept an acquisition offer, but John wanted to expand while they could buy new buildings cheaply.  If the impasse continued, both opportunities would expire. Jim was bitter and …

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Anger Masks Emotions in Mediation

Famed psychologist Paul Ekman calls anger one of the six basic emotions. He notes that its expression is universal across cultures. Even as infants, we instinctively recognize and react to its presence in those around us. According to Ekman, anger originates when an important goal is frustrated, or someone tries to hurt us or someone we feel responsible for, physically or psychologically. Under this definition, anger is a response to threatening external stimuli, which is often accompanied by a desire to hurt the source of the anger producing events.

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